Your Partner in the Profession | October 2019 • Vol. 88 • No. 9 REV. PROC.? DSUE? QTIP? Explaining Abbreviations that Every Lawyer Should Understand by Lauren Hughes P 22 Impeachment Evidence in Civil Cases— The Modern Focus on Truthfulness by Pablo Mose P 36 In a KBA First: All Content Provided by the Young Lawyer Section Paper checks are notoriously unreliable. They get lost in the mail, they get tossed in the laundry, and they carry a lot of sensitive information around with them wherever they go. LawPay changes all of that. Give your clients the flexibility to pay you from anywhere, anytime. Plus, we can guarantee you stay in compliance Proud Member Benefit Provider with ABA and IOLTA guidelines. Schedule a demo today 888-281-8915 or visit lawpay.com/ksbar 22 | REV. PROC.? DSUE? QTIP? Explaining Abbreviations that Every Lawyer Should Understand by Lauren Hughes 36 | Impeachment Evidence in Civil Cases— The Modern Focus on Truthfulness by Pablo Mose Cover Design by Ryan Purcell Special Features 6 | Young Lawyers Can Lead the Way ............................................................Shelby Lopez 13 | Coffee Break with Justices Marla Luckert and Caleb Stegall...........................................................Sarah Stula 18 | A New Associate’s Guide to Partner Compensation...............................Joseph A. Schremmer 44 | October is National Domestic Violence Awareness Month 63 | USPS Statement of Ownership (required by law) Regular Features 7 | KBA President 45 | Members in the News Investing in the KBA’s Future ................ Mira Mdivani 49 | Obituaries 10 | YLS President Young Lawyers! We Want You!! ....Mitch Beibighauser 52 | Appellate Decisions 12 | KBF President 62 | Appellate Practice Reminders I remember being a Young Lawyer ...... Susan Saidian Best. Advice. Ever. ......................... Douglas T. Shima 16 | CLEs to Complement Your Pumpkin Spice Latte 65 | Classified Advertisements 42 | Law Students’ Corner Gone Glamping: A Law Student Perspective on KWAA’s 30th Annual Conference .......... Kristen Egger www.ksbar.org | October 2019 3 E Let your VOICE TH 2019-20 be KBA Officers & Board of Governors Heard! JOURNAL President OF THE KANSAS BAR ASSOCIATION Mira Mdivani, [email protected] President-elect 2019-20 Charles E. Branson, [email protected] Journal Board of Editors Vice President Cheryl Whelan, [email protected] Emily Grant (Topeka), chair, [email protected] Secretary-Treasurer Nancy Morales Gonzalez, [email protected] Sarah G. Briley (Wichita), [email protected] Hon. David E. Bruns (Topeka), [email protected] Immediate Past President Hon. Sarah E. Warner, [email protected] Richard L. Budden (Kansas City), [email protected] Boyd A. Byers (Wichita), [email protected] Young Lawyers Section President Mitch Biebighauser, [email protected] Jennifer Cocking (Topeka), [email protected] Connie S. Hamilton (Manhattan), [email protected] District 1 Michael J. Fleming, [email protected] Michael T. Jilka (Lawrence), [email protected] Katie A. McClaflin, [email protected] Lisa R. Jones (Ft. Myers, FL), [email protected] Diana Toman, [email protected] Casey R. Law (McPherson), [email protected] District 2 Hon. Robert E. Nugent (Wichita), [email protected] Bethany Roberts, [email protected] Professor John C. Peck (Lawrence), [email protected] District 3 Rachael K. Pirner (Wichita), [email protected] Angela M. Meyer, [email protected] Richard D. Ralls (Overland Park), [email protected] District 4 Karen Renwick (Kansas City), [email protected] Brian L. Williams, [email protected] Teresa M. Schreffler (Wichita), [email protected] District 5 Richard H. Seaton Sr. (Manhattan), [email protected] Vincent Cox, [email protected] Sarah B. Shattuck (Ashland), [email protected] Terri J. Pemberton, [email protected] Richard D. Smith (Topeka), [email protected] District 6 Marty M. Snyder (Topeka), [email protected] Tish S. Morrical, [email protected] Patti Van Slyke, Journal Editor & Staff Liaison, [email protected] District 7 Catherine A. Walter (Topeka), [email protected] Gary L. Ayers, [email protected] Hon. Jeffrey E. Goering, [email protected] Meg Wickham, Dir. of Communications & Member Svcs., [email protected] Megan S. Monsour, [email protected] Issaku Yamaashi (Overland Park), [email protected] District 8 Natalie Yoza (Topeka), [email protected] Gaye B. Tibbets, [email protected] District 9 The Journal Board of Editors is responsible for the selection and editing of all Aaron L. Kite, [email protected] substantive legal articles that appear in The Journal of the Kansas Bar Association. The board reviews all article submissions during its quarterly meetings (January, District 10 April, July, and October). If an attorney would like to submit an article for Gregory A. Schwartz, [email protected] consideration, please send a draft or outline to Patti Van Slyke, Journal Editor District 11 at [email protected]. Mark Dupree, [email protected] District 12 Ryan Purcell, graphic designer, [email protected] Alexander P. Aguilera, [email protected] Bruce A. Ney, [email protected] John M. Shoemaker, [email protected] At-Large Governor The Journal of the Kansas Bar Association (ISSN 0022-8486) is published Eunice Peters, [email protected] monthly with combined issues for July/August and November/December for a total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., and at KDJA Representative additional mailing offices. The Journal of the Kansas Bar Association is published Hon. James R. Fleetwood, [email protected] by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806; KBA Delegate to ABA House Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, Natalie G. Haag, [email protected] which is included in annual dues. Nonmember subscription rate is $45 a year. Eric Rosenblad, [email protected] The Kansas Bar Association and the members of the Board of Editors assume ABA State Delegate no responsibility for any opinion or statement of fact in the substantive Linda S. Parks, [email protected] legal articles published in The Journal of the Kansas Bar Association. YL Delegate to ABA House Copyright © 2017 Kansas Bar Association, Topeka, Kan. Joslyn Kusiak, [email protected] For display advertising information, contact: Executive Director Bill Spilman at (877) 878-3260 toll-free, (309) 483-6467 or Shelby L. 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Find out more about your KBA-endorsed carrier at www.alpsnet.com/kbajournal malpractice insurance for the law firm www.ksbar.org | October 2019 5 (800) 367-2577 www.alpsnet.com [email protected] kba/kbf executive director Young lawyers can lead the way by Shelby Lopez his issue of “The Journal of the Kansas Bar Association” is unique in the history of the KBA. Nearly a year ago, the leaders of the “The secret message Young Lawyer Section proposed that their section be allowed to Tprovide content for one full issue of The Journal. Such a thing had never communicated to most been proposed or done before. The request reverberated up and down young people today by the the organizational chart, from the President of the Board of Governors to the Executive Director to the Director of Communications and Member society around them is that Services, and it ultimately fell to the Board of Editors and our Journal they are not needed, that Editor to hear out the YLS proposal and make the decision. Ultimately, it was decided to give YLS the opportunity to do as they the society will run itself wanted—provide the substantive articles that define The Journal as well quite nicely until they — at as a number of feature articles that would fill in or replace our usual col- umnists for one issue. Granted, The Journal has been proud to publish a some distant point in the great deal of content written by younger members of the KBA over the future — will take over the years, but it had never been packaged into one magazine, as a stand-alone YLS issue. reins. Yet the fact is that the These young men and women who work diligently in your profession society is not running itself are accomplished and intelligent, well educated and experienced. They are in the trenches every day as prosecutors and defense attorneys, as nicely… because the rest association and government lawyers, as teachers and mentors. They are of us need all the energy, involved in their work, in their families and in their communities. And these young lawyers are—unequivocally—the future of the Kansas brains, imagination and Bar Association. talent that young people can Give them your attention, your welcome, your time. Work with them to improve the profession now and in the future. While some may still bring to bear down on our be somewhat new to practice, don’t mistake their lack of courtroom ex- difficulties.” perience for naivete. They live in the same world, see the same issues and problems, but they see them with fresher eyes and with a worldlier perspective than many of us who grew up and went into practice before —Alvin Toffler or at the dawn of the technical revolution. We welcome their ideas, their passion, their knowledge and expertise.